The Pregnancy Discrimination Act. After a Supreme Court case in found that discriminating against pregnant women does not necessarily violate Title VII, Congress amended the law to clarify that pregnancy discrimination is a form of illegal sex discrimination.
The Equal Pay Act. The Equal Pay Act requires employers to pay men and women equally for doing equal work. The ADA protects employees and applicants with disabilities from discrimination. Employees and applicants are protected if they have a disability, have a record of disability, or are regarded by the employer — even incorrectly — as having a disability. The ADA also requires employers to provide reasonable accommodations to allow employees with disabilities to do their jobs.
The ADEA prohibits age discrimination against employees and applicants who are at least The ADEA also requires equal benefits for older employees and requires employers to provide certain information to older employees when they are asked to waive their right to sue for age discrimination as part of a severance package or early retirement program, for example.
GINA prohibits discrimination on the basis of genetic information. It also prohibits employers from gathering genetic information about employees in most circumstances, and requires them to keep any such information they acquire confidential.
Regulations and Guidance When Congress passes a law prohibiting discrimination, the EEOC often issues regulations that interpret the law. Among the options: The agency may dismiss the charge, if it concludes that it has no jurisdiction for example, because the employee missed the deadline to file a charge or the employee's claims don't violate the law.
The EEOC may investigate the charge. The agency may interview witnesses, ask the employer and employee to provide information, gather documents, and even visit the workplace.
The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Our role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If we find that discrimination has occurred, we will try to settle the charge.
If we aren't successful, we have the authority to file a lawsuit to protect the rights of individuals and the interests of the public and litigate a small percentage of these cases. Religion, belief and spirituality. Use of family and medical leave. Military status. Genetic information. Federal laws The following U. It contains a provision that grants all persons the same right to "make and enforce contracts. The law prohibits discrimination in compensation based on sex in relation to jobs that require equal skill, effort or responsibility and that are performed under similar working conditions.
Title VII of the Civil Rights Act of applies to employers with 15 or more employees, each working 20 or more weeks in the current or preceding calendar year; state and local government; employment agencies; labor unions; and U. Title VII prohibits discrimination based on race, color, national origin, sex including sexual orientation and gender identity or expression and religion. The Age Discrimination in Employment Act of ADEA , as amended by the Older Workers Benefits Protection Act of , applies to employers with 20 or more employees, each working 20 or more weeks in the current or preceding calendar year, employment agencies, labor organizations, U.
The laws prohibit discrimination against persons age 40 and older. The Immigration Reform and Control Act of IRCA prohibits discrimination on the basis of national origin or citizenship, except for illegal immigrants, by employers having four or more employees. Titles I and V of the Americans with Disabilities Act of ADA apply to employers with 15 or more employees, local governments, employment agencies and labor unions.
It prohibits discrimination against qualified persons with disabilities, persons with perceived disabilities and persons associated with those having disabilities. Executive Order of requires federal contractors to include agreements in contracts not to discriminate against an employee on the basis of race, color, sex, religion or national origin and requires certain federal contractors to have affirmative action plans. The Uniformed Services Employment and Reemployment Rights Act of USERRA applies to all employers, regardless of size, and to all regular employees, regardless of position or full- or part-time status, and prohibits discrimination on the basis of military status and military service obligations.
Title III of the Consumer Credit Protection Act CCPA prohibits an employer from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it.
State and local laws States and municipalities in the U. For example, some states prohibit discrimination on the basis of: Marital status. Gender identity or expression and cross-dressing. Legal off-duty conduct, such as smoking. Taking leave to serve on a jury or to be a witness in a legal proceeding or to vote. EEO Globally Globalization has affected the area of EEO in terms of formal applicability of one country's EEO laws to persons working in another country and in terms of expectations about the extent to which equal employment opportunity should be a societal or organizational norm.
Disparate treatment Disparate treatment discrimination occurs when an employer intentionally takes an employee's protected status into consideration when taking an adverse employment action, such as a termination or layoff decision. Disparate impact Disparate impact discrimination, also known as adverse impact discrimination, occurs when an employer adopts a policy or practice that seems neutral and nondiscriminatory on its surface but has a disproportionately negative effect on members of a protected class.
Practices that have been found to have a disparate impact on protected groups include: Minimum height requirements. Physical agility tests. These can have a disparate impact on women. Harassment Harassment is a form of disparate treatment i. Retaliation Most U. Employers can take many actions to prevent EEO violations and charges of discrimination, including: Adopting an organizational philosophy that treats employees as individuals entitled to respect and fair treatment, not as commodities.
Establishing clear written policies and practices that genuinely reflect the employer's EEO values, and then sticking to them and creating thorough documentation of human resource decisions.
Emphasizing the employer's EEO values, policies and procedures in new-employee onboarding and training. Providing ongoing training at all levels about the employer's EEO values, policies and procedures. Creating an EEO conflict resolution process that is truly open-door.
Designating and empowering a responsible individual to address EEO issues: an ethics officer, EEO officer, affirmative action officer, diversity officer, ombudsman or director of human resources. Investigating employee complaints thoroughly and consistently. In addition to the steps described above, employers also manage their EEO risk through: Internal dispute resolution programs, such as grievance procedures, mediation and arbitration.
Employer practices liability insurance. Using releases of claims as part of a severance pay plan or ad hoc settlement of EEO claims. Ongoing management of EEO issues. Charge of discrimination Employees or other persons who believe their rights to equal employment opportunity have been violated may file a Charge of Discrimination with the EEOC, with the appropriate state agency or with both.
Agency investigation The EEOC or state counterpart will notify the employer or other party being charged—the respondent—of the allegations made by the charging party and request that the respondent provide a written response to the allegations and copies of pertinent documents such as policies, performance evaluations and documentation of any disciplinary actions. Responding to EEO Complaints An employer's obligations in the face of an EEO complaint are to do the following: Conduct an investigation that is prompt, fair and thorough.
Take appropriate remedial measures. Conciliation efforts Before or after the respondent submits its response to the charge of discrimination and agency request for information, the agency typically offers to assist the parties in reaching a negotiated resolution. Agency determination If the parties do not agree to a negotiated resolution, the agency will proceed to make a determination about whether it believes there is probable cause to believe the respondent violated the charging party's EEO rights.
The right to sue The agency charged with administering the particular EEO law must be given the first opportunity to address the issue i. Private and agency lawsuits Under the laws administered by the EEOC, the issuance of the right-to-sue letter starts the clock running for an aggrieved person to file a complaint with an appropriate court of law. Increased employee engagement The Equal Employment Opportunity policies allow employees to openly interact and engage with each other without discriminating peers on their races, sex, religion, or their hierarchical rank in the organisation.
Greater customer satisfaction and service Customers and stakeholders hold the firm assurance of the organisation if its employees perform well to contribute to the success of the organisation as it imposes sound guidelines to ensure a safe and hospitable workplace for everyone. Protect your people and your business The Equal Employment Opportunity policy draws a baseline for employees to be aware of acceptable behaviour, which is critical considering the varying differences in lifestyles, attitudes, values, and socioeconomic strata.
Stronger brand reputation Employees prefer working for organisations regarded well in the industry owing to their strong adherence to Equal Employment Opportunity policies. Previous Next. Ready to protect your business with Sentrient? About Sentrient. Workplace Compliance Courses.
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